Ponce v. Berryhill

Filing 15

ORDER GRANTING 13 MOTION AND ADVISING COUNSEL THAT OPENING BRIEF FAILS TO COMPLY WITH LOCAL RULES OF THIS DISTRICT signed by Hon. James P. Donohue. Plaintiff's Opening Brief is limited to twenty-five (25) pages in length, excluding any a ttachments; Defendant's Responsive Brief is limited to twenty-five (25) pages in length, excluding any attachment; and Plaintiff's Reply Brief is limited to nine (9) pages in length, excluding any attachments.All deadlines previously set by the Court remain in effect.(AE)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 6 7 MICHAEL A. PONCE, 8 Plaintiff, 9 10 v. Case No. C17-570-JPD ORDER GRANTING MOTION AND ADVISING COUNSEL THAT OPENING BRIEF FAILS TO COMPLY WITH LOCAL RULES OF THIS DISTRICT NANCY A. BERRYHILL, Acting Commissioner of Social Security, 11 Defendant. 12 13 Based upon the plaintiff’s motion to file an over-length opening brief, Dkt. 13, it is 14 hereby ORDERED that plaintiff’s motion to file a twenty-five page brief is GRANTED. 15 However, plaintiff’s counsel is advised that motions to file over-length briefs pursuant to 16 LCR 7(f) are disfavored, and will not be routinely granted in the future. In particular, the 17 Court did not find the length of the record as described by plaintiff’s counsel to be exceptional. 18 In addition, the Court is troubled by the fact that plaintiff’s opening brief contains a 19 font size that appears to be smaller than 12 point, and has a right-hand margin less than one inch 20 wide as required by LCR 10. Dkt. 14. Such noncompliance with LCR 10 typically evinces an 21 attempt by counsel to evade the page-limit requirements set forth in the Court’s Scheduling 22 Order. Plaintiff’s counsel is advised that the Court will review his firm’s future submissions 23 carefully, and any briefs that fail to comply with LCR 10 will be stricken. 24 ORDER PAGE - 1 1 2 3 4 5 6 Accordingly, the Court ORDERS as follows:  Plaintiff’s Opening Brief is limited to twenty-five (25) pages in length, excluding any attachments;  Defendant’s Responsive Brief is limited to twenty-five (25) pages in length, excluding any attachment; and  Plaintiff’s Reply Brief is limited to nine (9) pages in length, excluding any 7 attachments. 8 All deadlines previously set by the Court remain in effect. 9 10 DATED this 23rd day of August, 2017. A 11 JAMES P. DONOHUE Chief United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER PAGE - 2

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